Download PDF - Spink

(ii)(iii)By cheque or bank draft made payable to Spink ChinaLimited. Please note that the processing charges forpayments made by cheques or bank drafts drawn on anon-Hong Kong bank shall be met by you. Pleaseensure that the remittance slip printed at the bottom ofthe invoice is enclosed with your payment.By Visa or Mastercard. A charge of 3% will be applied.By American Express, a charge of 4% will be applied.We are not responsible for any foreign exchange lossesor charges that you may incur in connection with suchcard payments.5.2.4 Payments should be made by the registered buyer and not bythird parties, unless it has been agreed at the time ofregistration that you are acting as an agent on behalf of a thirdparty.5.3 NotificationWe are not able to notify successful bidders by telephone. WhileInvoices are sent out by mail after the auction we do not acceptresponsibility for notifying you of the result of your bid. You arerequested to contact us by telephone or in person as soon as possibleafter the auction to obtain details of the outcome of your bids to avoidincurring charges for late payment.5.4 Collection, Packing and Handling of Purchases5.4.1 Unless we specifically agree to the contrary, we shall retainitems sold until all amounts due to us, or to the Spink Group,have been paid in full.5.4.2 Lots may be collected from 9/F Malaysian ConsulateBuilding, 50 Gloucester Road, Hong Kong. In the eventwhere a cheque or bank draft payable to Spink China Limitedhas been presented to us, unless we specifically agree to thecontrary, no Lots shall be released before the cheque or bankdraft has cleared where such funds have been credited intoour bank account.5.4.3 A purchased Lot shall be at your risk in all respects from thetime of collection or the expiry of seven days from the date ofsale, whichever is sooner, and neither Spink China Limitednor its employees nor agents shall thereafter be liable for anyloss or damage of any kind, whether caused by negligence orotherwise, while any Lot is in or under their respectivecustody or control.5.4.4 If required our shipping department may arrange shipment asyour agent. Although we may suggest carriers if specificallyrequested, our suggestions are made on the basis of ourgeneral experience of such parties in the past and we are notresponsible to any person to whom we have made arecommendation for the acts or omissions of the third partiesconcerned.5.4.5 We shall use all reasonable endeavors to take care whenhandling and packing a purchased Lot but remind you thatafter seven days or from the time of collection, whichever issooner, the Lot is entirely at your risk.5.4.6 It is the responsibility of the Buyer to be aware of any ImportDuties that may be incurred upon importation to the finaldestination. Spink will not accept return of any package inorder to avoid these duties. The onus is also on the Buyer tobe aware of any Customs import restrictions that prohibit theimportation of certain collectibles. Spink will not acceptreturn of the Lot(s) under these circumstances. Spink will notaccept responsibility for Lot(s) seized or destroyed byCustoms5.4.7 If the Buyer requires delivery of the Lot to an address otherthan the invoice address this will be carried out at thediscretion of Spink.5.5 Remedies for non-payment or failure to collect purchases5.5.1 If you fail to make payment within seven days of yourstipulated payment date set out in your invoice, we shall beentitled to exercise one or more of the following rights orremedies:5.5.1.1 to charge interest at the rate of 2% per monthcompound interest, calculated on a daily basis, fromthe date the full amount is due;5.5.1.2 to set off against any amounts which the SpinkGroup may owe you in any other transaction theoutstanding amount remaining unpaid by you;5.5.1.3 we may keep hold of all or some of your Lots orother property in the possession of the Spink Groupuntil you have paid all the amounts you owe us or theSpink Group, even if the unpaid amounts do notrelate to those Lots or other property. Followingfourteen days’ notice to you of the amountoutstanding and remaining unpaid, the Spink Groupshall have the right to arrange the sale of such Lotsor other property. We shall apply the proceeds indischarge of the amount outstanding to us, and payany balance to you;5.5.1.4 where several amounts are owed by you to the SpinkGroup in respect of different transactions, to applyany amount paid to discharge any amount owed inrespect of any particular transaction, whether or notyou so direct;5.5.1.5 to reject at any future auction any bids made by youor on your behalf or obtain a deposit from youbefore accepting any bids.5.5.2 If you fail to make payment within thirty-five days, we shall inaddition be entitled:5.6 Failure to collect5.5.2.1 to cancel the sale of the Lot or any other item sold toyou at the same or any other auction;5.5.2.2 to arrange a resale of the Lot, publicly or privately,and, if this results in a lower price being obtained,claim the balance from you together with allreasonable costs including a 20% seller’s commission,expenses, damages, legal fees, commissions andpremiums of whatever kind associated with bothsales or otherwise, incurred in connection with yourfailure to make payment; or5.5.2.3 take any other appropriate action as we deem fit.Where purchases are not collected within fourteen days after the sale,whether or not payment has been made, you will be required to pay astorage charge of HKD 30 per item per day plus any additionalhandling cost that may apply. You will not be entitled to collect theLot until all outstanding charges are met, together with payment of allother amounts due to us.5.7 Export Licence5.7.1 You should always check whether an export licence isrequired before exporting.5.7.2 Unless otherwise agreed by us in writing, the fact that youwish to apply for an export licence does not affect yourobligation to make payment within seven days nor our rightto charge interest on late payment.5.7.3 We will not be obliged to rescind a sale nor to refund anyinterest or other expenses incurred by you where payment ismade by you despite the fact that an export licence isrequired.